What is the test for using the word "provocation" in a jury trial?

California, United States of America


The following excerpt is from People v. Castillon, H042690 (Cal. App. 2018):

provocation. " '[J]urors are presumed to be intelligent and capable of understanding and applying the court's instructions.' " (People v. Covarrubias (2016) 1 Cal.5th 838, 926.) Consequently, "[i]n the absence of a specific request, a court is not required to instruct the jury with respect to words or phrases that are commonly understood and not used in a technical or legal sense." (People v. Navarette (2003) 30 Cal.4th 458, 503.)

4. Any error relating to CALCRIM No. 570 was harmless

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for a motion for a new trial on nonstatutory grounds such as denial of a fair trial after being denied a trial by a jury? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
What is the test for obtaining a transcript of a previous trial for use in a motion for a new trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
When a witness at the preliminary hearing is unable to testify at trial, can the former witness be used at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.